Cloud storage and software systems are an increasingly common alternative to in-house data storage and software storage. The advantages include flexibility and cost. However, these advantages must be balanced against privacy/confidentiality obligations and the need for certainty that stored documents will retain their original form and content.
The New Zealand Law Society’s Practice Briefing: Cloud Computing Guidelines for Lawyers examines how lawyers can use cloud computing while maintaining their professional obligations. The Practice Briefing does not endorse cloud computing and it is important to appreciate that while cloud storage may well be the new “norm” it is merely a tool.
Cloud storage does not change pre-existing obligations. As the term “cloud storage” covers a wide range of practices, technologies, contracts and regulatory regimes, there is currently no one best practice standard. Appropriate due diligence is essential.